“We have a man who is sexually attracted to children by his own admission,” said Assistant Prosecutor Michael Mennuti.

Malushte is charged with multiple counts of sexual assault, aggravated criminal sexual contact and endangering the welfare of a minor. The alleged contact took place multiple times when the child was between the ages of 10 and 15, police said.

He was released after posting $150,000 bond, but returned to court today seeking to resume living at his home, where his wife and his two sons, ages 9 and 13, are residing. No offense is alleged to have been committed against the sons, but Malushte is also not permitted to have contact with any minor under the age of 16.

“I’m not willing to give the defendant the benefit of the doubt. He knows how to put himself around children,” Mennuti said, referring to Malushte’s prior volunteer work with a local Boy Scout troop.

Judge Pedro J. Jimenez Jr. denied the request, but allowed Malushte to have public, supervised visitation with his sons so long as Malushte’s wife is present at all times and that prosecutors are made aware of the visits, including where and when specifically they will take place, with at least 24 hours advance notice.

Jimenez said initially he would only allow the visits to in certain public places, but left the door open to other locations if attorneys on both sides could reach some sort of consensus.

John Holliday, Malushte’s defense attorney, originally argued to have his client return to the home under the supervision of his wife, who is a homemaker. Holliday said in addition to reuniting the family, there are financial concerns, as Malushte is currently living in a hotel and is on unpaid leave from his position at Merrill Lynch.

“It’s an extreme hardship, not just financially, but his children want to see him and he wants to see his children,” Holliday said.

Police began a joint investigation with the Mercer County Prosecutor’s Office on June 10 after learning of the allegations, Maloney said. Malushte went to police headquarters June 23 for questioning and was subsequently arrested and charged by Detective Michael Sherman, according to authorities.
Editor's note: This post has been updated to correct the defendant's hometown.